Short Answer

Yes, possibly. Under North Carolina law, a person lawfully possessing borrowed medical equipment may have a property interest that supports a claim, while the equipment’s owner may also have a claim. The estate’s personal representative should confirm ownership, the borrowing arrangement, responsibility for damage, and who paid for repair or replacement before including the equipment in an estate claim.

Why Ownership and Possession Both Matter

A wheelchair or other medical device does not automatically become part of a deceased person’s estate merely because that person was using it. The first question is whether the equipment was owned, gifted, rented, loaned, or supplied through a benefit program.

If the deceased person owned the equipment, the property-damage claim will generally belong to the estate and may be handled by the appointed personal representative. Evidence of ownership may include a purchase receipt, financing record, equipment invoice, insurance benefit statement, prescription-related paperwork, or written gift documentation.

If the equipment was borrowed, the owner normally retains an ownership interest. However, North Carolina law also recognizes that someone lawfully possessing borrowed property can have a separate interest in it. N.C. Gen. Stat. § 99A-1 provides that, in a bailment arrangement, the person possessing the property and its owner may have concurrent rights concerning interference with or damage to that property.

In practical terms, an estate may be able to present a claim based on the deceased borrower’s legal interest or financial responsibility. The owner may instead be the proper person or organization to seek the equipment’s physical-damage value. The answer depends on the arrangement and the loss each party actually sustained.

When the Estate May Have a Financial Loss

The estate’s position is stronger when records show that the deceased person had more than temporary permission to use the equipment or had an obligation to return it in good condition. Relevant circumstances may include:

• The deceased person purchased the equipment or received it as a completed gift.
• A rental or loan agreement made the user responsible for accidental damage.
• The deceased person paid a deposit or contributed toward the equipment’s cost.
• The estate reimbursed the owner after the accident.
• The deceased person had a continuing right to use the equipment and lost that use because of the accident.
• The owner authorized the estate or personal representative to handle the property claim.

If none of these circumstances applies and another person, medical equipment company, facility, insurer, or benefit program owned the device and absorbed the loss, that owner may be the proper claimant. An insurer will commonly ask for documentation before deciding whom to pay and whose name should appear on a property-damage release.

A Property Claim Should Not Be Paid Twice

The existence of interests held by both an owner and a borrower does not mean that the same damaged wheelchair can be recovered twice. The claims representative should identify every person or organization with an interest and determine what loss each one sustained.

For example, the owner may claim the equipment’s damage, while the borrower may have a different documented loss, such as a deposit, an amount paid to the owner, or a legally recognized loss of use. Any proposed settlement or release should clearly state which equipment, claimant, and type of loss it covers. A broad release signed before ownership is confirmed can create disputes later.

How Damage to a Wheelchair Is Usually Documented

A claimant must establish both that the accident damaged the equipment and the amount of the property loss. For personal property with an established market, the usual measure considers the difference between its fair market value immediately before and immediately after the accident. Repair estimates and invoices can help show that difference.

Medical equipment may be customized, older, or difficult to value in an ordinary resale market. In that situation, reasonable repair or replacement evidence may be important. Depreciation, prior condition, reusable components, and salvage value may also affect the calculation. A replacement invoice alone does not always establish the recoverable loss.

Useful records to gather include:

• Purchase, rental, lending, or equipment-supply agreements.
• Receipts, invoices, serial numbers, model information, and warranty records.
• Documents showing whether the wheelchair was gifted and whether the gift was completed.
• Photographs of the wheelchair before and after the accident.
• Repair estimates, inspection findings, and replacement invoices.
• Records showing customization, age, prior condition, and maintenance history.
• Letters or benefit statements identifying any insurer, government program, facility, or equipment supplier with an ownership or repayment interest.
• Proof that the estate or another person paid for repair or replacement.
• Claim correspondence and any proposed property-damage release.

The damaged wheelchair should generally be preserved until the interested parties have had a reasonable opportunity to inspect and document it. If it must be moved, returned, or discarded, photographs and written records of its condition can become especially important.

How This Applies to the Wheelchair Claim

In the situation described, the claims representative is reasonably asking whether the wheelchair used by the deceased person was borrowed, gifted, or owned by someone else. The personal representative should avoid guessing and instead provide whatever documents or witness information establish how the deceased person obtained and used the chair.

The two wheelchairs should also be treated as separate items. Ownership of the wheelchair used by the deceased person does not, by itself, decide who should receive payment for damage to the other injured person’s wheelchair. Each item should be matched to its owner, lawful user, serial number, damage documentation, and repair or replacement expense.

If both chairs were damaged in the same event, the claim file should clearly separate the photographs, estimates, invoices, and requested payments. This reduces the risk that payment for one chair will be mistaken for payment of the other person’s property claim.

Fault and Deadlines Still Apply

Ownership establishes who may claim a property loss, but it does not establish who caused the accident. The claimant must still connect the equipment damage to another party’s legally responsible conduct.

North Carolina also allows contributory negligence as a defense. If the defense proves that the injured person’s own negligence helped cause the accident, that issue can create serious problems for both injury and related property claims. Evidence should therefore document what caused the collision and why each wheelchair user acted reasonably, not just who owned the chairs.

Many North Carolina actions for injury to personal property are subject to a three-year filing period under N.C. Gen. Stat. § 1-52, although the correct deadline can depend on the claim and the parties involved. Communications or negotiations with an insurance company do not automatically extend the time to file a lawsuit.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to review the accident records, estate documents, ownership evidence, repair information, and insurance correspondence to identify who appears to hold each property claim. The firm can also help the personal representative keep the deceased person’s estate claim separate from claims belonging to another injured person or an outside equipment owner.

Where ownership is uncertain, an attorney may communicate with the family, equipment supplier, facility, insurer, or other documented owner to clarify the arrangement. Legal review may also help determine whether a proposed release is limited to one wheelchair or could affect other accident-related claims. Any available recovery depends on the evidence, applicable law, insurance coverage, and specific circumstances.

Talk to a Personal Injury Attorney in Durham

If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It is not medical advice, tax advice, or insurance policy interpretation. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.